Knit “shelf bra camisoles,” which combine the body covering features of a camisole with the support features of a bra, are classifiable in the Harmonized Tariff Schedule’s residual provision for knit apparel, rather than as bras or tank tops, ruled the Court of International Trade in two May 1 decisions. The two cases, Victoria’s Secret Direct v. U.S. (here) and Lerner New York v. U.S. (here), shared such similar products and issues that the court decided to try them together. Both companies were represented by the same attorneys, some testimony during trial applied to both cases, and the post-trial briefs for each company were identical.
The European Union slapped on additional tariffs on U.S. goods in retaliation for noncompliance with a World Trade Organization ruling against the Continued Dumping and Subsidy Offset Act (CDSOA, aka the Byrd Amendment). Effective May 1, the EU is increasing the additional tariff from 6 to 26 percent on metal eyewear frames, trucks with cranes, and frozen sweetcorn, and is also imposing the 26 percent additional tariff on women’s denim trousers.
The International Trade Commission is publishing notices in the May 1 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The International Trade Commission voted to begin an investigation into whether imports of linear actuators are infringing on Okin’s patents in violation of Section 337. Okin America and Dewert Okin requested the investigation on April 3 (see 13040601). The linear actuators at issue use electric motors to extend the footrest and adjust the chair back on seating furniture. According to Okin, Chinese company Changzhou Kaidi and its U.S. affiliate Kaidi LLC are importing linear actuators that infringe its patents. Okin is requesting a general exclusion order blocking all imports of linear actuators that infringe its patents, as well as cease and desist orders against the two respondents.
The Commerce Department published notices in the May 1 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
The Commerce Department issued the preliminary results of its antidumping duty administrative review on 1-hydroxyethylidene-1, 1-diphosphonic acid from India (A-533-847), calculating a preliminary zero AD rate for sole respondent Aquapharm Chemicals Pvt., Ltd. If finalized, the rate would be Aquapharm's third consecutive zero AD rate. As such, Commerce said it intends to revoke the AD duty order with respect to HEDP produced and exported by Aquapharm if it continues to find a zero AD rate in the final results. These preliminary results are not in effect. The ITA may modify them in the final results of this review and change the estimated AD cash deposit rate for this company.
The Commerce Department announced it has preliminary found dumping of imports of hardwood and decorative plywood from China (A-570-986), and will require antidumping duty cash deposits on entries of the merchandise. Entries of hardwood and decorative plywood from China are already subject to countervailing duty cash deposits (see 13031312). Imports produced and exported by the mandatory respondents, Linyi San Fortune Wood and Jianyang Group, will not be subject to the AD cash deposit requirement because the Commerce Department preliminarily found de minimis AD rates. Other companies will be subject to either a 22.14 or 63.96 percent preliminary AD rate.
On April 30 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
On April 30, the Foreign Agricultural Service posted the following GAIN reports:
The Animal and Plant Health Inspection Service is asking for comments by July 1 on a proposed rule that would allow imports of beans from Jordan into the continental U.S. The proposal covers fresh French, green, snap, and string beans, either shelled or in pods. As a condition for entry would include requirements for packing, washing, and processing, and the beans would have to be accompanied by a phytosanitary certificate from the Jordanian government.